P.

P. v. Robles CA5

Good Law
Court of Appeal of CaliforniaApril 16, 2013F063062California5,612 words

Opinion

Opinion

I.

INTRODUCTION

Defendant was charged with attempted murder (Pen. Code, §§ 664 & 187, subd. (a)) (count I) and assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) (count II). The prosecutor tried defendant on the theory that he aided and abetted his brother‟s attempt to murder Bernardo Ramirez (Ramirez). A jury convicted defendant of both counts. Defendant contends that (1) the trial court erred by not instructing the jury on attempted voluntary manslaughter and (2) that there was insufficient evidence to support his attempted murder conviction. We disagree and affirm.

II.

FACTS

A. PRIOR INCIDENTS

The events giving rise to the charges against defendant occurred on September 26, 2010. Both Ramirez and defendant testified regarding their interactions before that date. 1. Ramirez‟s Testimony Regarding Prior Incidents Ramirez testified to the following prior incidents. In October 2007, Ramirez was in his backyard to cut his lawn, when a dog “came out at” him. Pedro, defendant‟s brother, was the only person standing nearby. Ramirez asked Pedro if he knew whose dog it was. Pedro responded, “Who do you think the „F‟ I am, an investigator?” Eventually, Pedro “went inside”1…

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